Posted on November 06, 2020 in Guardianship

For many people, making the decision to establish legal guardianship over someone is a rather difficult and emotionally stressful decision to make. However, establishing legal guardianship of your loved one can often be the only way to ensure that he or she is safe and protected in some situations. Guardianship is a way of establishing legal authority over another person in the event that he or she becomes incapacitated or is unable to make decisions. In Illinois, guardianship can be established over a minor who is under the age of 18, or an incapacitated adult. If you are contemplating establishing guardianship over a family member or friend, you likely have questions about guardianships in Illinois and the process of establishing it. The following are a few frequently asked questions and their answers about Illinois guardianship.

Who Is Eligible to Have a Guardian Appointed to Them?

When a person turns 18, he or she is automatically presumed to be of sound mind and able to make responsible decisions for himself or herself. However, a person can be appointed to serve as someone’s guardian if he or she is disabled because of mental deterioration, physical handicap, mental illness, or developmental disability.

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 Posted on November 03, 2020 in Divorce

Being a doctor can be a rewarding career for many people, but it is also a demanding and stressful job at times. Many physicians work long hours in challenging environments, which can lead to issues at home and can even sometimes lead to a divorce. Just as their profession may have caused conflict during the marriage, it can also end up making things more difficult during the asset division process in a divorce. For most physicians, their practice is their biggest asset and one of their most pressing concerns throughout the divorce process. If you are a doctor and you own your own professional practice, legal guidance from a knowledgeable Illinois divorce attorney can be invaluable when going through a divorce.

Considerations for Divorcing Physicians

When it comes to getting a divorce, there are many issues that must be decided. In all divorce cases, you and your spouse will have to determine what is and is not marital property and then distribute that property between yourselves. In marriages that involve minor children, you and your spouse must also come to an agreement on issues such as parental responsibilities and parenting time allocation. When it comes to physicians getting divorced, there are a few considerations that you should keep in mind:

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 Posted on October 28, 2020 in Paternity

When a child is born to two people who are married, in a civil union, or who were married or in a civil union within 300 days prior in the state of Illinois, those two people are legally presumed to be that child’s parents, even if that is not necessarily true. A child’s legal parents are required to provide for the child’s well-being, including providing for their financial needs. If the parents ever get divorced, the father has a legal right to decision-making responsibilities and parenting time, as well as an obligation to pay monthly child support. If the father finds out that he is not the father of the child, he can file to disprove the paternity of the child, which may relieve him of his parental responsibilities.

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 Posted on October 27, 2020 in Uncontested Divorce

It can feel like you have gotten over a giant hurdle once you have finally made the decision to tell your spouse that you want a divorce. Now that you have made that decision, you must begin to make even more difficult decisions throughout the process. One of the first decisions you will be required to make during your Illinois divorce is whether or not your divorce will be contested or uncontested. Both types of divorces have their place, but an uncontested divorce can offer benefits that a traditional litigated divorce cannot.

What Is an Uncontested Divorce?

In the simplest terms, an uncontested divorce is any divorce that takes place between two spouses who agree on all or most issues pertaining to their divorce. During a divorce, there are various issues that need to be discussed and settled, which can include issues such as dividing and allocating your marital debt and property, determining if spousal support is needed and if so, how much and for how long. If there are children, issues such as designating parenting time, allocating decision-making responsibilities, and calculating child support must all be addressed.

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 Posted on October 23, 2020 in Divorce

Anyone who has ever been through a divorce can tell you that even under ideal circumstances where both spouses agree on your divorce issues, the process of separation is still rather difficult. Although it is not impossible for you and your spouse to agree on every single one of your divorce issues, it is highly unlikely that this will happen. It can be likely, though, that you only disagree on one or a couple of issues, which can make your divorce go much more smoothly. Another issue that can greatly decrease the difficulty of your divorce is being properly prepared before you begin the process. There are so many facets to the divorce process, which is why it is important that you hire an Illinois divorce lawyer who can help you with as much of the prior preparation as possible.

Top Tips for Beginning a New Chapter

A divorce can be overwhelming for many reasons, so that is why it is critical that you take your time and seek out the advice of a legal professional. If you are thinking about getting a divorce, here are five helpful tips to keep in mind before you initiate the proceedings to dissolve your marriage:

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 Posted on October 21, 2020 in Child Custody

Most of the time, the biggest worry that couples have when they are getting a divorce is how it will affect their children. For the most part, children are fairly resilient and will eventually bounce back from the stress and transition of the divorce. Children with special needs may not be as resilient, however, and may need special considerations of their own. Before you are able to finalize your divorce, you are required to file a parenting plan with the court that outlines your parenting time schedule and how you have allocated your significant decision-making responsibilities. If you and your spouse are the parents of a child with special needs, there are certain things that you should keep in mind to ensure your child gets what he or she needs.

Things to Keep in Mind for Your Parenting Plan

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 Posted on October 16, 2020 in Divorce

When a marriage breaks down, it is rare that the two spouses still want to live in the same home together, let alone spend time in the same room with one another. However, many couples still try to reside under one roof while their divorce is underway, especially if there are children involved. However, this can become difficult if things turn sour or if you and your spouse are not on good terms when you begin the divorce. Unless you and your spouse qualify and file for a simplified dissolution and agree on all issues, you will have to negotiate the terms of your divorce. This process can be extremely stressful for couples who do not communicate well or who cannot cooperate with one another. In extreme cases, either spouse can petition to have exclusive possession of the marital home.

What Does Being Granted “Exclusive Possession” of the Marital Home Mean?

During your divorce, you and your spouse both have the right to request to have exclusive possession of your marital home, but only until the divorce is finalized and only under certain circumstances. Typically, these circumstances have to be extreme. You must be able to prove that either you or your children's’ physical or mental well-being is in jeopardy by having both you and your spouse live there. The court will then conduct a hearing to determine the best course of action. In some cases, entering into a temporary eviction from the marital residence for one of the spouses can be a solution to the issues in the household. The spouse who is temporarily evicted is not always the spouse who keeps the home, as property division is an entirely different process.

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 Posted on October 07, 2020 in Divorce

When you think of a witness being used in a legal case, you are probably like most people who picture a person who is called to the witness stand in a criminal case, or perhaps a personal injury case. Subpoenas can actually be used in a variety of court cases, including divorce cases, if they are necessary. Many times, contested divorces can make subpoenas necessary to retrieve important financial information. This can play a crucial part in ensuring both spouses receive their fair share of the marital estate.

Types of Subpoenas in Illinois Divorce Cases

In Illinois divorce cases, there are two types of subpoenas that can be used. The first type of subpoena, called a subpoena ad testificandum, is a request for a person to appear to testify. Often, this type of subpoena is issued if the person in question possesses important knowledge about the case. These types of subpoenas are rare, though not impossible in a divorce case.

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 Posted on October 02, 2020 in Divorce

It is completely normal to feel strong emotions during your divorce. After all, you are ending your relationship with the person with whom you thought you were going to spend the rest of your life. Most people are able to control the emotions that they feel during the divorce, but others are unable to handle their emotions in a healthy manner. Rather than finding healthy and appropriate ways to cope with the feelings they may be experiencing, they instead stoop to bitter and spiteful actions. When this behavior includes harassment or stalking, it puts even more stress on your plate and is actually illegal in some situations. Fortunately, there are things you can do to protect yourself and your family from this type of danger during your divorce.

What Counts as Harassment?

In the state of Illinois, harassment is defined as actions taken knowingly with no legitimate purpose that would cause a reasonable person to suffer emotional distress and that actually does cause you emotional distress. There are many different types of behavior that could qualify as acts of harassment, including:

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 Posted on September 30, 2020 in Family Law

For decades, gay and lesbian couples in the United States have been fighting a long and hard battle for marriage equality. In the late 1990s, the federal government passed the Defense of Marriage Act, which defined marriage as one man and one woman and allowed states not to recognize same-sex marriages that were legally performed in other states under their laws. In 1996, the state of Illinois made it illegal for same-sex partners to marry. However, in 2011, the Religious Freedom Protection and Civil Union Act was passed, which gave both same-sex and opposite-sex couples similar rights and protections to those of married couples.

In 2013, the United States Supreme Court ruled that defining marriage as only being between a man and a woman was unconstitutional. In 2015, the Court also ruled that allowing individual states to not recognize same-sex marriages performed in other states was unconstitutional. This effectively granted same-sex couples the constitutional right to marry and subsequently most states turned domestic partnerships and civil unions into marriages, but Illinois kept civil unions as an option for cohabitating couples. Though civil unions give couples virtually the same rights and protections as married couples, there are a few issues that fall into a legal gray area. One such issue is parental rights within a civil union.

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